ADM Chapter B2: Restrictions on payment of benefits ......Chapter B2: Restrictions on payment of...
Transcript of ADM Chapter B2: Restrictions on payment of benefits ......Chapter B2: Restrictions on payment of...
Chapter B2: Restrictions on payment of benefit – benefit offences
Contents (Part 1)
Scope and layout of Chapter ................................................................... B2001
Introduction to Part 1 ................................................................................ B2002
Disqualifying and sanctionable benefits ................................................ B2003
Disqualifying benefits which are not sanctionable benefits ................ B2004
Neither disqualifying nor sanctionable benefits .................................... B2005
Conditions for restrictions on payment
First benefit offence ..................................................................................... B2011
Meaning of administrative penalty (pre 8.5.12) ........................................... B2012
Meaning of benefit offence .......................................................................... B2013
Meaning of date of conviction ..................................................................... B2015
Meaning of disqualifying period................................................................... B2017
Meaning of disqualifying event .................................................................... B2018
Meaning of offender .................................................................................... B2019
Start date of disqualification period (“DQ-day”) .................................... B2020
Meaning of determination day ..................................................................... B2024
Meaning of family ........................................................................................ B2025
SPC cases ............................................................................................. B2026
Meaning of pay day ..................................................................................... B2027
Second or subsequent benefit offences................................................. B2041
Meaning of disqualifying period................................................................... B2042
Start date of disqualification period (“DQ-day”) .................................... B2043
Effect of restrictions on the payment of sanctionable benefit
General ........................................................................................................ B2061
Supersession............................................................................................... B2062
Sanctionable benefits other than IS, JSA, SPC, ESA and UC ................... B2063
Amount payable – IS and ESA(IR) .............................................................. B2065
Amount payable – SPC .............................................................................. B2067
Meaning of relevant sum ............................................................................. B2069
Rounding ..................................................................................................... B2071
Meaning of benefit week ............................................................................. B2072
Changes in rate of benefit payable – IS, ESA(IR) and SPC ....................... B2073
Amount payable – JSA ............................................................................... B2074
Amount payable – joint-claim JSA – single offender ................................. B2075
Amount payable – joint-claim JSA – both offenders ................................... B2076
Amount payable – UC ................................................................................ B2077
Calculating the reduction ............................................................................. B2078
Daily reduction rate ..................................................................................... B2079
Changes in the rate of benefit payable – UC ............................................. B2083
Joint claimants ............................................................................................. B2084
Rounding ..................................................................................................... B2085
Meaning of standard allowance .................................................................. B2086
Court decision quashed ........................................................................... B2101
Right of appeal .......................................................................................... B2102
Changes following administrative agreement ....................................... B2103
Chapter B2: Restrictions on payment of benefit – benefit offences
Contents (Part 2)
Introduction to Part 2 ................................................................................ B2201
Disqualifying and sanctionable benefits ................................................ B2202
Disqualifying benefits which are not sanctionable benefits ................ B2203
Neither disqualifying nor sanctionable benefits .................................... B2204
Conditions for restrictions on payment
First benefit offence ..................................................................................... B2221
Meaning of administrative penalty (post 8.5.12) ......................................... B2222
Meaning of benefit offence .......................................................................... B2223
Meaning of date of conviction ..................................................................... B2225
Meaning of disqualifying period................................................................... B2227
Meaning of disqualifying event .................................................................... B2228
Meaning of relevant period .......................................................................... B2229
Meaning of relevant offence ........................................................................ B2230
Prescribed offences which are relevant offences ....................................... B2231
Meaning of offender .................................................................................... B2233
Start date of disqualification period (“DQ-day”) .................................... B2234
Meaning of determination day ..................................................................... B2241
Meaning of family ........................................................................................ B2242
SPC cases ............................................................................................. B2243
Meaning of pay day ..................................................................................... B2244
Repeated benefit offences ....................................................................... B2261
Meaning of disqualifying period................................................................... B2263
Meaning of relevant offence ........................................................................ B2264
Meaning of relevant period .......................................................................... B2265
Meaning of disqualifying event .................................................................... B2266
Multiple convictions .................................................................................. B2267
Start date of disqualification period (“DQ-day”) .................................... B2268
Effect of restrictions on the payment of sanctionable benefit
General ........................................................................................................ B2291
Supersession............................................................................................... B2292
Sanctionable benefits other than IS, JSA, SPC, ESA and UC ................... B2293
Amount payable – IS .................................................................................. B2295
Amount payable – SPC .............................................................................. B2296
Meaning of relevant sum ............................................................................. B2298
Rounding ..................................................................................................... B2300
Changes in rate of benefit payable – IS and SPC ..................................... B2301
Meaning of benefit week ............................................................................. B2302
Amount payable – ESA(IR) ......................................................................... B2303
Meaning of specified day ............................................................................ B2305
Rounding ..................................................................................................... B2307
Changes in the rate of benefit payable – ESA(IR) ...................................... B2308
Meaning of benefit week ............................................................................. B2309
Amount payable – JSA ................................................................................ B2310
Amount payable – joint-claim JSA – single offender ................................. B2311
Amount payable – joint-claim – both offenders ........................................... B2312
Amount payable – UC ................................................................................. B2313
Calculation of reduction ............................................................................... B2314
Daily reduction rate ..................................................................................... B2315
Changes in rate of benefit payable – UC .................................................... B2320
Joint claimants ............................................................................................. B2321
Rounding ..................................................................................................... B2322
Meaning of standard allowance .................................................................. B2323
Court decision quashed ........................................................................... B2324
Right of appeal .......................................................................................... B2325
Changes following administrative penalty agreement.......................... B2326
List of disqualifying and sanctionable benefits............................ Appendix 1
List of disqualifying benefits which are not
sanctionable benefits ...................................................................... Appendix 1
List of neither disqualifying nor sanctionable benefits ............... Appendix 1
Chapter B2: Restrictions on payment of benefit – benefit offences
Scope and layout of Chapter
B2001 The guidance in this Chapter deals with the restrictions on the payment of benefit in
benefit offence cases. The guidance is split into two parts according to when the
benefit offence was committed.
Introduction to Part 1
B2002 The guidance in B2003 to B2106 deals with the restrictions on the payment of
benefit following
1. conviction for a first benefit offence
2. conviction for a second or subsequent benefit offence
3. acceptance of a penalty as an alternative to prosecution (administrative
penalty or caution)
and relates to benefit offences committed up to and including 31.3.13. This
guidance has been moved from DMG Chapter 08.
Note: For benefit offences committed on or wholly after 1.4.13, the guidance in
(Part 2) B2201 et seq should be followed.
Disqualifying and sanctionable benefits
B2003 Most benefits are disqualifying which means that a benefit offence committed
against a disqualifying benefit will result in a sanction being imposed on a
sanctionable benefit. A list of disqualifying and sanctionable benefits is in Appendix
1 Column A1.
1 SS Fraud Act 01, s 6A(1)
Disqualifying benefits which are not sanctionable benefits
B2004 Some benefits are disqualifying benefits but not sanctionable benefits. A list of
disqualifying benefits which are not sanctionable benefits is in Appendix 1 Column
B1 .
1 SS Fraud Act 01, s 6A(1)
Neither disqualifying nor sanctionablebenefits
B2005 Some benefits are neither disqualifying nor sanctionable benefits. A list of benefits
which are neither disqualifying nor sanctionable benefits is in Appendix 1 Column
C1 .
1 SS Fraud Act 01, s 6A(1)
B2006 – B2010
Conditions for restrictions on payment
First benefit offence
B2011 Restrictions on the payment of benefit apply where the offender is entitled to a
sanctionable benefit at any time within the disqualifying period and1
1. is convicted of one or more benefit offences in any proceedings or
2. after proper notice agrees to accept an administrative penalty in respect of a
benefit offence or
3. is cautioned in respect of one or more benefit offences after admitting the
offence.
1 SS Fraud Act 01, s 6B(1); s 6B(4)
Meaning of administrative penalty (pre 8.5.12)
B2012 Administrative penalty means an arrangement, instigated by the Secretary of State
and with the agreement of the offender, to pay an administrative penalty equal to a
percentage of the amount overpaid, as an alternative to prosecution1.
Note: DMs should note that the definition of administrative penalty changed from
8.5.12 – see B2222 for guidance.
1 SS Fraud Act, 01, s 6B(1)(b); s 6B(2); SS A Act 92, s 115A
Meaning of benefit offence
B2013 Subject to B2014, benefit offence means1
1. any offence in connection with a claim for a disqualifying benefit or
2. any offence in connection with the
2.1 receipt or
2.2 payment
of any disqualifying benefit or
3. any offence committed for the purpose of facilitating the commission (whether
or not by the same person) of a benefit offence or
4. any offence consisting of an attempt or conspiracy to commit a benefit
offence.
1 SS Fraud Act 01, s 6B(13); s 7(8)
B2014 The definition in B2013 relates to benefit offences committed on or after either
1. 1.4.10 in respect of B2011 or
2. 1.4.02 in respect of B20411.
1 SS Fraud Act 01, s 6B(13); s 7(8)
Meaning of date of conviction
B2015 The date of conviction in any proceedings relating to a benefit offence is1
1. the date on which the offender is found guilty of that benefit offence in those
proceedings (whenever the person was sentenced) or
2. on the case of B2016 2., the date of the order for absolute discharge.
1 SS Fraud Act 01, s 6C(5)(a); s 7(9)(a)
B2016 Conviction1 includes
1. a conviction where the court makes an order for absolute discharge or
conditional discharge or
2. an order for absolute discharge made by a court of summary jurisdiction in
Scotland under specified legislation2 without proceeding to a conviction or
3. a conviction in Northern Ireland.
1 SS Fraud Act 01, s 6C(5)(b); s 7(9)(b); 2 Criminal Procedure (Scotland) Act 1995, s 246(3)
Meaning of disqualifying period
B2017 For the purposes of B2011, the disqualification period means the period in which the
restrictions on payment of benefit applies1. The disqualifying period in relation to
any disqualifying event means a period of 4 weeks beginning with the date, falling
after the date of the disqualifying event, as may be determined in specified
legislation2.
1 SS (LoB) Regs reg 1(2); 2 SS Fraud Act 01, s 6B(11); SS (LoB) Regs, reg 1A
Meaning of disqualifying event
B2018 Disqualifying event means1
1. a conviction falling within B2011 1. or
2. the agreement falling within B2011 2. or
3. the caution falling within B2011 3..
1 SS Fraud Act 01, s 6B(13)
Meaning of offender
B2019 Offender1 means the person who is subject to the restriction in the payment of his
benefit in accordance with specified legislation2.
1 SS (LoB) Regs, reg 1(2); 2 SS Fraud Act 01, s 6B & s 7
Start date of disqualification period (“DQ-day”)
B2020 For the purposes of B2017 and where on the determination day the offender1
1. is in receipt of a sanctionable benefit or
2. is a member of a joint-claim couple which is in receipt of joint-claim JSA or
3. has a family member who is in receipt of IS, JSA, SPC, ESA or UC on the
date on which the disqualification period starts
DQ-day is as described in B2021.
Note: For guidance on the start date of the disqualification period in UC cases refer
to B2238 and B2239.
1 SS (LoB) Regs, reg 1A(2)
B2021 DQ-day is1
1. for a sanctionable benefit paid in arrears, the day following the first pay day
after the end of the period of 28 days beginning with the determination day
and
2. for a sanctionable benefit paid in advance, the first pay day after the end of
the period of 28 days beginning with the determination day.
1 SS (LoB) Regs, reg 1A(3)
B2022 Where B2020 does not apply, DQ-day is the first day after the end of the period of
28 days beginning with the determination day1.
1 SS (LoB) Regs, reg 1A(6)
B2023 Where on the determination day B2020 applies in the case of an offender or, as the
case may be, a member of their family, but that person ceases to be in receipt of a
benefit as in B2020 before the first day of the disqualification period as in B2021 1.
or 2., DQ-day is the first day after the end of the period of 28 days beginning with
the determination day1.
1 SS (LoB) Regs, reg 1A(7)
Meaning of determination day
B2024 The determination day1 is the day on which the Secretary of State determines that a
restriction on payment of benefit under specified legislation2 is applicable. However,
in a case where the disqualifying event is an agreement to pay an administrative
penalty, the determination day is the 28th day after that day3.
1 SS (LoB) Regs, reg 1(2); 2 SS Fraud Act 2001, s 6B; s 7; s 8; s 9; 3 SS (LoB) regs, reg 1(2A)
Meaning of family
B2025 Subject to B2026, family means1
1. a couple or
2. a couple and any child or person of a prescribed description who is
2.1 a member of the same household and
2.2 the responsibility of either or both members of a couple or
3. a person who is not a member of a couple and any child or person of a
prescribed description who is
3.1 a member of the same household and
3.2 the responsibility of that person.
1 SS Fraud Act 01, s 13; SS CB Act 92, Part 7
SPC cases
B2026 In respect of SPC cases, but only for the purposes of restrictions on payment of
benefit, a person of a prescribed description for the purposes of the definition of
family as in B20251, is a person
1. who is an additional spouse in the case of a polygamous marriage2 or
2. aged 16 or over who is in F/T education and is treated as a child for CHB 3purposes .
1 SS (LoB) Regs, reg 3A(7); 2 reg 3A(7)(a); SPC Act 02, s 12(1); 3 SS (LoB) Regs, reg 3A(7)(b); SS CB Act 92, s 142
Meaning of pay day
B2027 Pay day, in relation to a sanctionable benefit, means the day on which benefit is due
to be paid1.
1 SS (LoB) Regs, reg 1(2)
B2028 – B2040
Second or subsequent benefit offences
B2041 Restrictions on the payment of benefit apply if1
1. the offender or a member of their family is convicted of one or more benefit
offences in each of two separate sets of proceedings and
2. the later offence is committed within the period of five years, after the date of
conviction of the earlier offence and
3. the later set of proceedings has not previously been taken into account in
applying a restriction on payment for a second or subsequent conviction in
relation either to the offender or to a member of the offender’s family and
4. the earlier set of proceedings has not previously been taken into account as
an earlier set of proceedings in applying a restriction on payment for a second
or subsequent conviction in relation either to the offender or to a member of
the offender’s family and
5. the offender satisfies the conditions of entitlement for a sanctionable benefit
at any time within the disqualification period.
1 SS Fraud Act 01, s 7(1)
Meaning of disqualifying period
B2042 For the purposes of B2041, the disqualification period in relation to the conviction of
a person for one or more benefit offences in each of two separate sets of
proceedings means a period of 13 weeks beginning with the date, falling after the
date of the disqualifying event, as may be determined in specified legislation1.
1 SS Fraud Act 01, s 7(6); SS (LoB) Regs, reg 2
Start date of disqualification period (“DQ-day”)
B2043 For the purposes of B2042 and where on the determination day (see B2024) the
offender1
1. is in receipt of a sanctionable benefit or
2. is a member of a joint-claim couple which is in receipt of joint-claim JSA or
3. has a family member who is in receipt of IS, JSA, SPC, ESA or UC on the
date on which the disqualification period starts
DQ-day is as described in B2044.
Note: For guidance on the start date of the disqualification period in UC cases refer
to B2272 and B2273.
1 SS (LoB) Regs, reg 2(2)
B2044 DQ-day is1
1. for a sanctionable benefit paid in arrears, the day following the first pay day
after the end of the period of 28 days beginning with the determination day
and
2. for a sanctionable benefit paid in advance, the first pay day after the end of
the period of 28 days beginning with the determination day.
1 SS (LoB) Regs, reg 2(3)
B2045 Where B2043 does not apply, DQ-day is the first day after the end of the period of
28 days beginning with the determination day on which the Secretary of State
decides to award
1. a sanctionable benefit to the offender or
2. a joint-claim JSA to a joint-claim couple of which the offender is a member or
3. IS, JSA, SPC, ESA or UC to the offender’s family member1.
Note: For guidance on the start date of the disqualification period in UC cases refer
to B2272 and B2273.
1 SS (LoB) Regs, reg 2(6)
B2046 In B2043 to B2045, DQ-day must be no later than 5 years and 28 days after the
date of conviction of the offender for the benefit offence in the later proceedings1.
1 SS (LoB) Regs, reg 2(7)
B2047 – B2060
Effect of restrictions on the payment ofsanctionable benefit
General
B2061 An offender has a restriction imposed on the payment of any sanctionable benefit
payable to them within the disqualification period. However, no restriction is applied
to any deduction from the benefit made for or in place of CSM1.
1 SS (LoB) Regs, reg 20
Supersession
B2062 The restriction on payment of a sanctionable benefit is brought about by means of
supersession1. The effective date of the supersession is the first day of the
disqualification period2.
1 SS CS (D&A) Regs, reg 6(2)(j); 2 reg 7(28)
Sanctionable benefits other than IS, JSA, SPC, ESA and UC
B2063 Sanctionable benefits are not payable to the offender for any period during the
disqualification period1. However, there are special rules for IS, JSA, SPC, ESA and
UC2.
1 SS Fraud Act 01, s 6B(5); s 7(2); 2 s 6B(5A); s 6B(6); s 6B(7); s 6B(8); s 6B(9); s 7(2A); s 7(3); s 7(4); s 7(4A); s 7(4B); s 9(2A)
B2064 Subject to the special rules for IS, JSA, SPC, ESA and UC where more than one
sanctionable benefit is involved none is payable for any period during the
disqualification period.
Amount payable – IS and ESA(IR)
B2065 The amount of IS or ESA(IR) payable to an offender or an offender’s family member
will be reduced by 40% of a single claimant’s personal allowance rate during the
disqualification period1 except that the reduction will be 20% if
1. the offender or a member of the offender’s family is pregnant or seriously ill2
or
2. in the case of IS, the offender’s applicable amount has been reduced pending
the outcome of an appeal against a decision incorporating an IfW
determination that they are not incapable of work (whether or not the appeal
is successful)3.
1 SS (LoB) Regs, reg 3(1)(c); SS (LoB)(Amdt)Regs 13, reg 7(6); 2 reg 3(1)(a); 3 reg 3(1)(b)
B2066 Payment of IS or ESA(IR) shall not be reduced as in B2065 to below 10 pence per
week1.
1 SS (LoB) Regs, reg 3(2)
Amount payable – SPC
B2067 SPC is payable at the rate described in B2068
1. in the case of an offender, for any week comprised in the disqualification
period or
2. in the case of an offender’s family member, for any week comprised in the
relevant period1.
1 SS (LoB) Regs, reg 3A(1)
B2068 The rate of reduction of SPC for the purposes of B2067 is
1. where the offender or the offender’s family member is pregnant or seriously
ill, 20% of the relevant sum or
2. 40% in all other cases1 .
1 SS (LoB) Regs, reg 3A(1)(a) & (b)
Meaning of relevant sum
B2069 For the purposes of B2068, the relevant sum is the applicable amount1
1. except where 2. applies, in respect of a single person aged not less than 25
under specified legislation2 or
2. if the claimant’s family member is the offender and the offender has not
reached the age of 25, the amount applicable under specified legislation3
on the first day of the disqualification period or, as the case may be, on the first day
of the relevant period.
1 SS (LoB) Regs, reg 3A(2); 2 IS Regs, Sch 2, para 1(1); 3 IS Regs, Sch 2, Part 1, para 1(1)
B2070 Payment of SPC shall not be reduced as in B2068 to below 10 pence per week1.
1 SS (LoB) Regs, reg 3A(3)
Rounding
B2071 A reduction under B2065 or B2068 shall, if it is1
1. not a multiple of five pence, be rounded to the nearest such multiple or
2. a multiple of two and half pence but not of five pence
be rounded to the next lower multiple of five pence.
1 SS (LoB) Regs, reg 3(3); reg 3A(4)
Meaning of benefit week
B2072 When considering reductions of IS, ESA(IR) and SPC, benefit week1 has the same
meaning as in the relevant benefit regulations2.
1 SS (LoB) Regs, reg 3(6); reg 3A(6); 2 IS Regs, reg 2(1); ESA Regs, reg 2(1); SPC Regs, reg 1(2)
Changes in rate of benefit payable – IS, ESA(IR) and SPC
B2073 The rate of benefit payable to an offender, or an offender’s family member, may
change. In such a case
1. the rules for reduction in the benefit payable should be applied to the new
rate and
2. any adjustment to the reduction will take effect from the first day of the first
benefit week to start after the date of change1.
1 SS (LoB) Regs, reg 3(5); reg 3A(5)
Amount payable – JSA
B2074 JSA is not payable to offenders during the disqualification period1. However they
may have access to hardship payments.
Note: DMG Chapter 35 and ADM Chapter L1 contain guidance on hardship.
1 SS Fraud Act 01, s 6B(5); s 6B(7); s 7(2); s 7(4); SS (LoB) Regs, reg 5
Amount payable – joint-claim JSA – single offender
B2075 Payment restrictions apply to any offender who is a member of a joint-claim couple
during the disqualification period1. In these cases, unless the couple qualify for
hardship recoverable payments, the other member of the couple who is not the
offender may receive either
1. JSA(Cont), if they satisfy the conditions for it or
2. JSA(IB) at a rate equivalent to a single person’s applicable amount
as long as they are not subject to any labour market sanctions2.
1 SS (LoB) Regs, reg 4; 2 SS Fraud Act 01, s 8(2)
Amount payable – joint-claim JSA – both offenders
B2076 No joint-claim JSA will be payable1 where both members of the couple would be
subject to a sanction for a benefit offence, or one member would be subject to a
sanction for a benefit offence and the other is subject to a labour market sanction.
But they will have access to hardship payments.
1 SS Fraud Act 01, s 8(2); s 8(4); SS (LoB) Regs, reg 11
Amount payable – UC
B2077 Where B2011 applies and UC is in payment to an offender or a member of their
family (“O”) in respect of an assessment period wholly or partly within a
disqualification period, those payments are to be reduced in accordance with B2077
or B20811.
1 SS (LoB) Regs, reg 3ZB(1)
Calculating the reduction
B2078 Except where B2081 applies and subject to B2082 and B2085, the amount of the
reduction is to be calculated by multiplying the daily reduction rate by the number of
days in the assessment period or, if lower, the number of days in the assessment
period to which the reduction is to relate1.
1 SS (LoB) Regs, reg 3ZB(2)
Daily reduction rate
B2079 The daily reduction rate for the purposes of B2078 is, unless B2080 applies, an
amount equal to the amount of the standard allowance applicable to the award
multiplied by 12 and divided by 3651.
1 SS (LoB) Regs, reg 3ZB(3)
B2080 The daily reduction rate for the purposes of B2078 is 40% of the rate calculated in
accordance with B2079 if, at the end of the assessment period1
1. O, or where O is a joint claimant, the other joint claimant (“J”), falls within
specified legislation2 because they are
1.1 not subject to work-related requirements3 or
1.2 an adopter, within 11 weeks before or 15 weeks after, confinement or a
responsible foster parent of a child under the age of 14 or
1.3 subject to work-focused interview only5.
1 SS (LoB) Regs, reg 3ZB(4); 2 WR Act 12, s 19; 3 s 19(2)(c); 4 UC Regs, reg 89(1)(c), (d) & (f); 5 WR Act 12, s 20
B2081 Where the disqualification period ends during an assessment period, the amount of
the reduction for that assessment period is to be calculated by multiplying the daily
reduction rate as in B2079 or, as the case may be, B2080 by the number of days in
that assessment period which are within the disqualification period1.
1 SS (LoB) Regs, reg 3ZB(5)
B2082 The amount of the reduction in B2078 in respect of any assessment period must not
exceed the amount of the standard allowance which is applicable to O in respect of
that period1.
1 SS (LoB) Regs, reg 3ZB(7)
Changes in the rate of benefit payable – UC
B2083 Where the rate of UC payable to O or, as the case may be O and J, changes, the
rules set out in B2077 to B2082 for a reduction in the UC payable are to be applied
to the new rate and any adjustment to the reduction is to take effect from the first
day of the assessment period to start after the date of change1.
1 SS (LoB) Regs, reg 3ZB(8)
Joint claimants
B2084 In the case of joint claimants
1. each joint claimant is considered individually for the purpose of determining
the rate applicable under B2079 or B2080 and
2. half of any applicable rate is applied to each joint claimant accordingly1.
1 SS (LoB) Regs, reg 3ZB(9)
Rounding
B2085 The amount of the UC daily reduction rate in B2079 and B2080 is to be rounded
down to the nearest 10 pence1.
1 SS (LoB) Regs, reg 3ZB(6)
Meaning of standard allowance
B2086 Standard allowance1 means the amount of UC which is set out in specified
legislation2.
1 SS (LoB) Regs, reg 3ZB(10); 2 UC Regs, reg 36
B2087 – B2100
Court decision quashed
B2101 Where a court quashes a conviction which had resulted in a decision that a
restriction on the payment of benefit was to be imposed
1. that decision may be revised at any time and
2. payments and other adjustments made as if no restriction had been
imposed1.
1 SS Fraud Act 01, s 6C(1); s 7(7); s 8(6); s 9(6); SS CS (D&A) Regs, reg 3(8B)
Right of appeal
B2102 There is no right of appeal against a decision that a sanctionable benefit is not
payable or is to be reduced following convictions for benefit offences where the only
ground of appeal is that
1. any of the convictions were wrong or
2. the offender did not commit the benefit offence in respect of which
2.1 there has been agreement to pay an administrative penalty or
2.2 a caution has been accepted1.
1 SS CS (D&A) Regs, Sch 2, para 27
Changes following administrative penalty agreement
B2103 This applies to the offender who may be
1. the claimant or
2. in the case of a joint-claim JSA, any member of a couple or
3. a family member.
B2104 Where
1. the offender withdraws their agreement to pay the administrative penalty or
2. it is decided that the overpayment to which the agreement relates is not
recoverable or due
any decision that a restriction on the payment of benefit was to be imposed may be
revised at any time and payments and other adjustments made as if no restriction
had been imposed1.
1 SS Fraud Act 01, s 6C(2); s 8(7); s 9(7); SS CS (D&A) Regs, reg 3(8B)
B2105 If, after the offender has agreed to pay an administrative penalty, the amount of the
overpayment to which it relates
1. is revised on appeal or
2. is revised in accordance with a decision1
the restrictions imposed following the agreement cease but new restrictions must be
considered2.
1 SSA 98; 2 SS Fraud Act 01, s 6C(3); s 8(8); s 9(8)
B2106 If the restrictions cease as in B2105 and there is a new disqualifying event
consisting of any person listed in B2103
1. agreeing to pay an administrative penalty in relation to the revised
overpayment or
2. being cautioned in relation to the offence to which the old agreement relates
the disqualification period relating to the new disqualifying event is reduced by the
number of days in the old disqualification period which had expired before the
restrictions imposed following the old agreement ceased. In any other case any
decision that a restriction on the payment of benefit was to be imposed may be
revised at any time and payments and other adjustments made as if no restriction
had been imposed1.
1 SS Fraud Act 01, s 6C(4); s 8(8); s 9(8)d
B2107 – B2200
Chapter B2: Restrictions on payment of benefit – benefit offences
Introduction to Part 2
B2201 The guidance in paragraphs B2202 to B2327 applies to restrictions on the payment
of benefit following
1. conviction for a first benefit offence or
2. conviction for a repeated (formerly known as a second or subsequent) benefit
offence or
3. acceptance of a penalty as an alternative to prosecution (administrative
penalty or caution) or
4. conviction for a relevant offence
and relates to benefit offences committed on or wholly after 1.4.13.
Note: For benefit offences committed up to and including 31.3.13, the guidance in
(Part 1) B2003 to B2106 should be followed.
Disqualifying and sanctionable benefits
B2202 See B2003 and Appendix 1 Column A.
Disqualifying benefits which are not sanctionable benefits
B2203 See B2004 and Appendix 1 Column B.
Neither disqualifying nor sanctionablebenefits
B2204 See B2005 and Appendix 1 Column C.
B2205 – B2220
Conditions for restrictions on payment
First benefit offence
B2221 Restrictions on the payment of benefit apply where the offender is entitled to a
sanctionable benefit at any time within the disqualifying period and1
1. is convicted of one or more benefit offences in any proceedings or
2. after proper notice agrees to accept an administrative penalty in respect of a
benefit offence or
3. is cautioned in respect of one or more benefit offences after admitting the
offence or
4. conviction for a relevant offence.
1 SS Fraud Act 01, s 6B(1); s 6B(4); s 6B(14)
Meaning of administrative penalty (post 8.5.12)
B2222 Administrative penalty means an arrangement, instigated by the Secretary of State
and with the agreement of the offender, to pay an administrative penalty as an
alternative to prosecution1.
1 SS Fraud Act, 01, s 6B(2); SS A Act 92, s 115A
Meaning of benefit offence
B2223 Subject to B2223, benefit offence means1
1. any offence in connection with a claim for a disqualifying benefit or
2. any offence in connection with the
2.1 receipt or
2.2 payment
of any disqualifying benefit or
3. any offence committed for the purpose of facilitating the commission (whether
or not by the same person) of a benefit offence or
4. any offence consisting of an attempt or conspiracy to commit a benefit
offence.
1 SS Fraud Act 01, s 6B(13); s 7(8)
B2224 The definition in B2223 relates to benefit offences committed on or after 1.4.131.
1 SS Fraud Act 01, s 6B(13); s 7(8)
Meaning of date of conviction
B2225 The date of conviction in any proceedings relating to a benefit offence is1
1. the date on which the offender is found guilty of that benefit offence in those
proceedings (whenever the person was sentenced) or
2. on the case of B2226 2., the date of the order for absolute discharge.
1 SS Fraud Act 01, s 6C(5)(a); s 7(9)(a)
B2226 Conviction1 includes
1. a conviction where the court makes an order for absolute discharge or
conditional discharge or
2. an order for absolute discharge made by a court of summary jurisdiction in
Scotland under specified legislation2 without proceeding to a conviction or
3. a conviction in Northern Ireland.
1 SS Fraud Act 01, s 6C(5)(b); s 7(9)(b); 2 Criminal Procedure (Scotland) Act 1995, s 246(3)
Meaning of disqualifying period
B2227 For the purposes of B2221, the disqualification period means the period in which the
restrictions on payment of benefit applies1. The disqualifying period in relation to
any disqualifying event means the relevant period beginning with the date, falling
after the date of the disqualifying event, as may be determined in specified
legislation2.
1 SS (LoB) Regs reg 1(2); 2 SS Fraud Act 01, s 6B(11); SS (LoB) Regs, reg 1A
Meaning of disqualifying event
B2228 Disqualifying event means
1. a conviction falling within B2221 1. or
2. the agreement falling within B2221 2. or
3. the caution falling within B2221 3..
1 SS Fraud Act 01, s 6B(13)
Meaning of relevant period
B2229 For the purposes of B2227, the relevant period is1
1. a period of 3 years where a case falls within B2221 1. and the benefit offence,
or one of them, is a relevant offence or
2. a period of 13 weeks where the case falls within B2221 1. but not within 1.
above or
3. a period of 4 weeks where the case falls within B2221 2. or 3..
1 SS Fraud Act 01, s 6B(11A)
Meaning of relevant offence
B2230 For the purposes of B2229, relevant offence means1
1. in England and Wales, the common law offence of conspiracy to defraud or
2. a prescribed offence which, in the offender’s case, is committed in such
circumstances as may be prescribed and which, on conviction
2.1 is found by the court to relate to an overpayment as defined in
legislation2 of at least £50,000 or
2.2 is punished by a custodial sentence of at least one year, including a
suspended sentence as defined in legislation3 or
2.3 is found by the court to have been committed over a period of at least 2
years.
1 SS Fraud Act 01, s 6B(14); 2 SS A Act 92, s 115A(8); 3 Criminal Justice Act 2003, s 189(7)(b)
Prescribed offences which are relevant offences
B2231 For the purposes of B2230 2.1, 2.2 and 2.3 prescribed offences are1
1. in England and Wales, offences under specified legislation2
2. in England, Wales or Scotland, offences under specified legislation3
3. in Scotland only, the common law offences of
3.1 conspiracy to defraud
3.2 embezzlement
3.3 fraud
3.4 fraudulent scheme
3.5 uttering
4. in Scotland only, offences under specified legislation4
5. in Scotland only, offences to which specified legislation applies5.
1 SS (LoB) Regs, reg 2A(1), (2), (3) & (4); 2 Accessories & Abettors Act 1861, s 8; Criminal Law Act 1977, s 1; Forgery & Counterfeiting Act 1981, s 1, s 3, s 4 & s 5; Fraud Act 2006, s 6 & s 7; Serious Crime Act 2007,
s 44, s 45 & s 46; 3 SS A Act 92, s 182; Proceeds of Crime Act 2002, s 327, s 328 & s 329; Identity Documents Act 2010, s 4, s 5 & s 6; 4 Criminal Law (Consolidation) Scotland Act 1995,
s 44; Criminal Justice and Licensing (Scotland) Act 2010, s 28 & s 30; 5 Criminal Justice and Licensing (Scotland) Act 2010, s 29
B2232 Prescribed offences which are relevant offences for the purposes of B2230 2.1 or
2.2 only are1
1. in England and Wales2, offences under specified legislation3
2. in England, Wales and Scotland4, offences under specified legislation5.
1 SS (LoB) Regs, reg 2A(5); 2 reg 2A(6); 3 Fraud Act 2006, s 1; 4 SS (LoB) Regs, reg 2A(7); 5 SS A Act 92, s 111A; Tax Credits Act 2002, s 35
Meaning of offender
B2233 Offender1 means the person who is subject to the restriction in the payment of his
benefit in accordance with specified legislation2.
1 SS (LoB) Regs, reg 1(2); 2 SS Fraud Act 01, s 6B & s 7
Start date of disqualification period (“DQ-day”)
B2234 For the purposes of B2227 and where on the determination day the offender1
1. is in receipt of a sanctionable benefit other than a benefit to which B2237
applies or UC or
2. is a member of a joint-claim couple which is in receipt of joint-claim JSA or
3. has a family member who is in receipt of IS, JSA, SPC, ESA or UC on the
date on which the disqualification period starts
DQ-day is as described in B2235.
1 SS (LoB) Regs, reg 1A(1) & (2)
B2235 DQ-day is1
1. for a sanctionable benefit paid in arrears, the day following the first pay day
after the end of the period of 28 days beginning with the determination day
and
2. for a sanctionable benefit paid in advance, the first pay day after the end of
the period of 28 days beginning with the determination day.
1 SS (LoB) Regs, reg 1A(3)
B2236 In cases where
1. B2237 applies or
2. where there is no sanctionable benefit payable on the determination day
DQ-day is the first day after the end of the 28 days beginning with the determination
day1.
1 SS (LoB) Regs, reg 1A(6)
B2237 The cases referred to in B2236 are where on the determination day the offender or,
as the case may be, the offender’s family member is in receipt of a sanctionable
benefit which is neither payable wholly in advance nor wholly in arrears and no
other sanctionable benefit1.
1 SS (LoB) Regs, reg 1A(5A)
B2238 B2239 applies where, where on the determination day, the offender or, as the case
may be, the offender’s family member is in receipt of UC1.
1 SS (LoB) Regs, reg 1A(6A)
B2239 In this case, DQ-day is1
1. if the first day after the end of the period of 28 days beginning with the
determination day is the first day of an assessment period, that day or
2. if the first day after the end of the period of 28 days beginning with the
determination day is not the first day of an assessment period, the first day of
the next assessment period after that day.
1 SS (LoB) Regs, reg 1A(6B)
B2240 Where on the determination day
1. B2234 or B2238 applies in the case of an offender or, as the case may be,
the offender’s family member but
2. that person ceases to be in receipt of a benefit referred to B2234 or B2238
before the first day of the disqualification period that would apply as in B2235
or B2239,
DQ-day is the first day after the end of the period of 28 days beginning with the
determination day1.
1 SS (LoB) Regs, reg 1A(7)
Meaning of determination day
B2241 The determination day1 is the day on which the Secretary of State determines that a
restriction on payment of benefit under specified legislation2 is applicable.
1 SS (LoB) Regs, reg 1(2); 2 SS Fraud Act 2001, s 6B; s 7; s 8; s 9
Meaning of family
B2242 Subject to B2243, family means1
1. a couple or
2. a couple and any child or person of a prescribed description who is
2.1 a member of the same household and
2.2 the responsibility of either or both members of a couple or
3. a person who is not a member of a couple and any child or person of a
prescribed description who is
3.1 a member of the same household and
3.2 the responsibility of that person.
1 SS Fraud Act 01, s 13; SS CB Act 92, Part 7
SPC cases
B2243 In respect of SPC cases, but only for the purposes of restrictions on payment of
benefit, a person of a prescribed description for the purposes of the definition of
family as in B22421, is a person
1. who is an additional spouse in the case of a polygamous marriage2 or
2. who is a qualifying young person for the purposes of specified legislation3.
1 SS (LoB) Regs, reg 3A(7); 2 reg 3A(7)(a); SPC Act 02, s 12(1); 3 SS (LoB) Regs, reg 3A(7)(b); SS CB Act 92, s 142(2)
Meaning of pay day
B2244 Pay day, in relation to a sanctionable benefit, means the day on which benefit is due
to be paid1.
1 SS (LoB) Regs, reg 1(2)
B2245 – B2260
Repeated benefit offences
B2261 Subject to B2262, restrictions on the payment of benefit apply if1
1. the offender or a member of their family is convicted of one or more benefit
offences in a set of proceedings (the current set of proceedings) and
2. within the period of 5 years ending on the date on which the benefit offence
was, or any of them were, committed, one or more disqualifying events
occurred in relation to the offender (the event, or the most recent of them,
being referred to as the earlier disqualifying event) and
3. the current set of proceedings has not previously been taken into account in
applying a restriction on payment for a repeated conviction in relation either to
the offender or to a member of the offender’s family and
4. the earlier disqualifying event has not previously been taken into account as
an earlier disqualifying event in applying a restriction on payment for a
repeated conviction in relation either to the offender or to a member of the
offender’s family and
5. the offender satisfies the conditions of entitlement for a sanctionable benefit
or becomes satisfied at any time within the disqualification period.
1 SS Fraud Act 01, s 7(1)
B2262 Restrictions on payment as in B2231 and B2232 do not apply if the benefit offence
referred to in B2261 1., or any of them, is a relevant offence1.
1 SS Fraud Act 01, s 7(1A)
Meaning of disqualifying period
B2263 In an offender’s case, the disqualification period1 means the relevant period
beginning with a prescribed date falling after the date of the conviction in the current
set of proceedings2.
1 SS (LoB) Regs, reg 2; 2 SS Fraud Act 01, s 7(6)
Meaning of relevant offence
B2264 For the purposes of B2262, relevant offence means1
1. in England and Wales, the common law offence of conspiracy to defraud or
2. a prescribed offence which, in the offender’s case, is committed in such
circumstances as may be prescribed and which, on conviction
2.1 is found by the court to relate to an overpayment as defined in
legislation2 of at least £50,000 or
2.2 is punished by a custodial sentence of at least one year, including a
suspended sentence as defined in legislation3 or
2.3 is found by the court to have been committed over a period of at least 2
years.
1 SS Fraud Act 01, s 6B(14); 2 SS A Act 92, s 115A(8); 3 Criminal Justice Act 2003, s 189(7)(b)
Meaning of relevant period
B2265 For the purposes of B2263 the relevant period is1
1. in a case where, within the period of 5 years ending on the date on which the
earlier disqualifying event occurred, a previous disqualifying event occurred in
relation to the offender, the period of 3 years or
2. in any other case, 26 weeks.
1 SS Fraud Act 01, s 7(6A)
Meaning of disqualifying event
B2266 Disqualifying event has the same meaning as in B22281.
1 SS Fraud Act 01, s 7(8)
Multiple convictions
B2267 Where a person is convicted of more than one benefit offence in the same set of
proceedings, there is to be only one disqualifying event in respect of that set of
proceedings for the purposes of a repeated benefit offence and1
1. B2261 2. is satisfied if any of the convictions take place in the 5 year periods
mentioned there or
2. the event is taken into account for the purposes of B2261 4. if any of the
convictions have been taken into account as mentioned there or
3. in the case of the earlier disqualifying event mentioned in B2265 1., there
reference there to the date on which the earlier disqualifying event occurred is
a reference to the date on which any of the convictions take place or
4. in the case of the previous disqualifying event mentioned in B2265 1., that
provision is satisfied if any of the convictions take place in the 5 year period
mentioned there.
1 SS Fraud Act 01, s 7(8A)
Start date of disqualification period (“DQ-day”)
B2268 For the purposes of B2263 and where on the determination day the offender1
1. is in receipt of a sanctionable benefit other than a benefit to which B2271
applies or UC or
2. is a member of a joint-claim couple which is in receipt of joint-claim JSA or
3. has a family member who is in receipt of IS, JSA, SPC, ESA or UC on the
date on which the disqualification period starts
DQ-day is as described in B2269.
1 SS (LoB) Regs, reg 2(1) & (2)
B2269 DQ-day is1
1. for a sanctionable benefit paid in arrears, the day following the first pay day
after the end of the period of 28 days beginning with the determination day
and
2. for a sanctionable benefit paid in advance, the first pay day after the end of
the period of 28 days beginning with the determination day.
1 SS (LoB) Regs, reg 2(3)
B2270 In cases where
1. B2271 applies or
2. where there is no sanctionable benefit payable on the determination day
DQ-day is the first day after the end of the 28 days beginning with the determination
day1.
1 SS (LoB) Regs, reg 2(6)
B2271 The cases referred to in B2270 are where on the determination day the offender or,
as the case may be, the offender’s family member is in receipt of a sanctionable
benefit which is neither payable wholly in advance nor wholly in arrears and no
other sanctionable benefit1.
1 SS (LoB) Regs, reg 2(5A)
B2272 B2273 applies where, where on the determination day, the offender or, as the case
may be, the offender’s family member is in receipt of UC1.
1 SS (LoB) Regs, reg 2(6A)
B2273 In this case, DQ-day is1
1. if the first day after the end of the period of 28 days beginning with the
determination day is the first day of an assessment period, that day or
2. if the first day after the end of the period of 28 days beginning with the
determination day is not the first day of an assessment period, the first day of
the next assessment period after that day.
1 SS (LoB) Regs, reg 2(6B)
B2274 In B2268 to B2273, except where B2275 applies, DQ-day must be no later than 5
years and 28 days after the date of conviction of the offender for the benefit offence
in the later proceedings1.
1 SS (LoB) Regs, reg 2(7)
B2275 Where the date of the conviction of the offender for the benefit offence in the later
proceedings is on or after 1.4.13 and on the determination day
1. B2268 or B2272 applies in the case of an offender, or as the case may be, an
offender’s family member, but
2. that person ceases to be in receipt of a benefit referred to in B2268 or B2272
before the first day of the disqualification period that would apply as in B2269
or B2273
DQ-day is the day after the end of the period of 28 days beginning with the
determination day1.
1 SS (LoB) Regs, reg 2(8)
B2276 – B2290
Effect of restrictions on the payment of sanctionable benefit
General
B2291 An offender has a restriction imposed on the payment of any sanctionable benefit
payable to them within the disqualification period. However, no restriction is applied
to any deduction from the benefit made for or in place of CSM1.
1 SS (LoB) Regs, reg 20
Supersession
B2292 The restriction on payment of a sanctionable benefit is brought about by means of
supersession1. The effective date of the supersession is the first day of the
disqualification period2.
1 UC, PIP JSA & ESA (D&A) Regs, reg 28; 2 reg 35(12)
Sanctionable benefits other than IS, JSA, SPC, ESA and UC
B2293 Sanctionable benefits are not payable to the offender for any period during the
disqualification period1. However, there are special rules for IS, JSA, SPC, ESA and
UC.
1 SS Fraud Act 01, s 6B(5); s 7(2); 2 s 6B(5A); s 6B(6); s 6B(7); s 6B(8); s 6B(9); s 7(2A); s 7(3); s 7(4); s 7(4A); s 7(4B); s 9(2A)
B2294 Subject to the special rules for IS, JSA, SPC, ESA and UC where more than one
sanctionable benefit is involved none is payable for any period during the
disqualification period.
Amount payable – IS
B2295 The amount of IS payable to an offender or an offender’s family member will be
reduced by 40% of a single claimant’s personal allowance rate during the
disqualification period1 except that the reduction will be 20% if
1. the offender or a member of the offender’s family is pregnant or seriously ill2
or
2. in the case of IS, the offender’s applicable amount has been reduced pending
the outcome of an appeal against a decision incorporating an IfW
determination that they are not incapable of work (whether or not the appeal
is successful)3.
1 SS (LoB) Regs, reg 3(1)(c); 2 reg 3(1)(a); 3 reg 3(1)(b)
Amount payable – SPC
B2296 SPC is payable at the rate described in B2297
1. in the case of an offender, for any week comprised in the disqualification
period or
2. in the case of an offender’s family member, for any week comprised in the
relevant period1.
1 SS (LoB) Regs, reg 3A(1)
B2297 The rate of reduction of SPC for the purposes of B2296 is
1. where the offender or the offender’s family member is pregnant or seriously
ill, 20% of the relevant sum or
2. 40% in all other cases1.
1 SS (LoB) Regs, reg 3A(1)(a) & (b)
Meaning of relevant sum
B2298 For the purposes of B2297, the relevant sum is the applicable amount1
1. except where 2. applies, in respect of a single person aged not less than 25
under specified legislation2 or
2. if the claimant’s family member is the offender and the offender has not
reached the age of 25, the amount applicable under specified legislation3
on the first day of the disqualification period or, as the case may be, on the first day
of the relevant period.
1 SS (LoB) Regs, reg 3A(2); 2 IS Regs, Sch 2 para 1(1); 3 IS Regs, Sch 2 Part 1 para 1(1)
B2299 Payment of SPC shall not be reduced as in B2297 to below 10 pence per week1.
1 SS (LoB) Regs, reg 3A(3)
Rounding
B2300 A reduction under B2295 or B2297 shall, if it is1
1. not a multiple of five pence, be rounded to the nearest such multiple or
2. a multiple of two and half pence but not of five pence
be rounded to the next lower multiple of five pence.
1 SS (LoB) Regs, reg 3(3); reg 3A(4)
Changes in rate of benefit payable – IS and SPC
B2301 The rate of benefit payable to an offender, or an offender’s family member, may
change. In such a case
1. the rules for reduction in the benefit payable should be applied to the new
rate and
2. any adjustment to the reduction will take effect from the first day of the first
benefit week to start after the date of change1.
1 SS (LoB) Regs, reg 3(5); reg 3A(5)
Meaning of benefit week
B2302 When considering reductions in IS and SPC benefit week has the same meaning as
in the relevant benefit regulations1.
1 SS (LoB) Regs, reg 3(6); reg 3A(6)
Amount payable – ESA(IR)
B2303 Subject to B2306 and B2307, ESA(IR) is payable at the reduced rate described in
B2304
1. in the case of an offender, in respect of any week in the disqualification period
or
2. in the case of an offender’s family member, in respect of any week in the
relevant period1.
1 SS (LoB) Regs, reg 3ZA(1)
B2304 The rate of reduction of ESA(IR) for the purposes of B2303 is1
1. where the offender or the offender’s family member is pregnant or seriously
ill, a sum equivalent to 20% or
2. where the offender or, as the case may be, the offender’s family member is
subject to no work-related requirements for the purposes of specified
legislation2, a sum equivalent to 40% or
3. a sum equivalent to 100% in all other cases
of the applicable amount for a single claimant specified in legislation on the day
specified in B23053.
1 SS (LoB) Regs, reg 3Z(2); 2 WR Act 07, s 11D; 3 ESA Regs, reg Sch 4 para 1(1)
Meaning of specified day
B2305 For the purposes of B2304, the specified day is1
1. where a payment to the offender falls to be reduced, on the first day of the
disqualification period or
2. where a payment to the offender’s family member falls to be reduced, on the
first day of the relevant period.
1 SS (LoB) Regs, reg 3ZA(3)
B2306 Payments of ESA(IR) must not be reduced under B2304 to below 10 pence a
week1.
1 SS (LoB) Regs, reg 3ZA(4)
Rounding
B2307 A reduction under B2304 must, if it is1
1. not a multiple of five pence, be rounded to the nearest such multiple or
2. a multiple of two and a half pence but not five pence
be rounded to the next lower multiple of five pence.
1 SS (LoB) Regs, reg 3ZA(5)
Changes in the rate of benefit payable – ESA(IR)
B2308 Where the rate of ESA(IR) paid to an offender or an offender’s family member
changes, the rules set out in B2303 to B2307 for a reduction are to be applied to the
new rate and any adjustment to the reduction shall take effect from the first day of
the benefit week to start after the date of change1.
1 SS (LoB) Regs, reg 3ZA(6)
Meaning of benefit week
B2309 Benefit week1 has the same meaning as in specified legislation.
1 SS (LoB) Regs, reg 3ZA(7)
Amount payable – JSA
B2310 JSA is not payable to offenders during the disqualification period1. However they
may have access to hardship payments.
Note: DMG Chapter 35 and ADM Chapter L1 contain guidance on hardship.
1 SS Fraud Act 01, s 6B(5); s 6B(7); s 7(2); s 7(4); SS (LoB) Regs, reg 5
Amount payable – joint-claim JSA – single offender
B2311 Payment restrictions apply to any offender who is a member of a joint-claim couple
during the disqualification period1. In these cases, unless the couple qualify for
hardship payments, the other member of the couple who is not the offender may
receive either
1. JSA(Cont), if they satisfy the conditions for it or
2. JSA(IB) at a rate equivalent to a single person’s applicable amount
as long as they are not subject to any labour market sanctions2.
1 SS (LoB) Regs, reg 4; 2 SS Fraud Act 01, s 8(2)
Amount payable – joint-claim JSA – both offenders
B2312 No joint-claim JSA will be payable1 where both members of the couple would be
subject to a sanction for a benefit offence, or one member would be subject to a
sanction for a benefit offence and the other is subject to a labour market sanction.
But they will have access to hardship payments.
1 SS Fraud Act 01, s 8(2); s 8(4); SS (LoB) Regs, reg 11
Amount payable – UC
B2313 UC payments made to an offender or a member of their family (“O”) in respect of an
assessment period wholly or partly within a disqualification period are to be reduced
in accordance with B2314 or B23171.
1 SS (LoB) Regs, reg 3ZB(1)
Calculation of reduction
B2314 Except where B2317 applies and subject to B2318 and B2319, the amount of the
reduction is to be calculated by multiplying the daily reduction rate by the number of
days in the assessment period or, if lower, the number of days in the assessment
period to which the reduction is to relate1.
1 SS (LoB) Regs, reg 3ZB(2)
Daily reduction rate
B2315 The daily reduction rate for the purposes of B2314 is, unless B2316 applies, an
amount equal to the amount of the standard allowance applicable to the award
multiplied by 12 and divided by 3651.
1 SS (LoB) Regs, reg 3ZB(3)
B2316 The daily reduction rate for the purposes of B2314 is 40% of the rate calculated in
accordance with B2315 if, at the end of the assessment period1
1. O, or where O is a joint claimant, the other joint claimant (“J”), falls within
specified legislation2 because they are
1.1 not subject to work-related requirements3 or
1.2 an adopter, within 11 weeks before or 15 weeks after, confinement or a
responsible foster parent of a child under the age of 14 or
1.3 subject to work-focused interview only5.
1 SS (LoB) Regs, reg 3ZB(4); 2 WR Act 12, s 19; 3 s 19(2)(c); 4 UC Regs, reg 89(1)(c), (d) & (f); 5 WR Act 12, s 20
B2317 Where the disqualification period ends during an assessment period, the amount of
the reduction for that assessment period is to be calculated by multiplying the daily
reduction rate as in B2315 or, as the case may be, B2316 by the number of days in
that assessment period which are within the disqualification period1.
1 SS (LoB) Regs, reg 3ZB(5)
B2318 The amount of the daily reduction rate in B2315 and B2316 is to be rounded down
to the nearest 10 pence1.
1 SS (LoB) Regs, reg 3ZB(6)
B2319 The amount of the reduction in B2314 in respect of any assessment period must not
exceed the amount of the standard allowance which is applicable to O in respect of
that period1.
1 SS (LoB) Regs, reg 3ZB(7)
Changes in rate of benefit payable – UC
B2320 Where the rate of UC payable to O or, as the case may be, O and J, changes, the
rules set out in B2313 to B2319 for a reduction in the UC payable are to be applied
to the new rate and any adjustment to the reduction is to take effect from the first
day of the assessment period to start after the date of change1.
1 SS (LoB) Regs, reg 3ZB(8)
Joint claimants
B2321 In the case of joint claimants
1. each joint claimant is considered individually for the purpose of determining
the rate applicable under B2315 or B2316 and
2. half of any applicable rate is applied to each joint claimant accordingly1.
1 SS (LoB) Regs, reg 3ZB(9)
Rounding
B2322 The amount of the UC daily reduction rate in B2315 and B2316 is to be rounded
down to the nearest 10 pence1.
1 SS (LoB) Regs, reg 3ZB(6)
Meaning of standard allowance
B2323 Standard allowance1 means the amount of UC which is set out in specified
legislation2.
1 SS (LoB) Regs, reg 3ZB(10); 2 UC Regs, reg 36
Court decision quashed
B2324 Where a court quashes a conviction which had resulted in a decision that a
restriction on the payment of benefit was to be imposed
1. that decision may be revised at any time and
2. payments and other adjustments made as if no restriction had been
imposed1.
1 SS Fraud Act 01, s 6C(1); s 7(7); s 8(6); s 9(6); SS CS (D&A) Regs, reg 3(8B)
Right of appeal
B2325 There is no right of appeal against a decision that a sanctionable benefit is not
payable or is to be reduced following convictions for benefit offences where the only
ground of appeal is that
1. any of the convictions were wrong or
2. the offender did not commit the benefit offence in respect of which
2.1 there has been agreement to pay an administrative penalty or
2.2 a caution has been accepted1.
1 SS CS (D&A) Regs, Sch 2, para 27
Changes following administrative penalty agreement
B2326 B2327 applies where, after the agreement of any person (“P”) to pay an
administrative penalty is taken into account for the purposes of a repeated benefit
offence in relation to that person1
1. P’s agreement to pay the penalty is withdrawn or
2. it is decided on appeal or in accordance with specified legislation2 that any
overpayment to which the agreement relates is not recoverable or due or
3. the amount of any overpayment to which the penalty relates is revised on
appeal or in accordance with specified legislation3 and there is no new
agreement by P to pay a penalty in relation to the revised overpayment.
1 SS Fraud Act 01, s 7(7A); 2 SS Act 98; 3 SS Act 98
B2327 In the circumstances described in B2326, all such payments and other adjustments
shall be made as would be necessary if no restriction had been imposed in the case
of a repeated benefit offence that could not have been imposed if P had not agreed
to pay the penalty1.
1 SS Fraud Act 01, s 7(7B)
B2328 – B2999
Appendix 1
Column A = Benefits which are both disqualifying and sanctionable
Column B = Benefits which are disqualifying but not sanctionable
Column C = Benefits which are neither sanctionable or disqualifying
A B C
Income Support Retirement Pension Maternity Allowance
Jobseeker’s Allowance
(single person and non-joint
claim couples)
State Pension Statutory Maternity Pay
Standard Housing/Council
Tax Benefit
Jobseeker’s Allowance (joint-
claim couples)
Statutory Sick Pay
Incapacity Benefit Graduated Retirement
Pension
Statutory Adoption Pay
Carer’s Allowance Disability Living Allowance Statutory Paternity Pay
Widow’s
Pension/Bereavement
Allowance
Attendance Allowance Health in Pregnancy Grant
Widowed Mothers/Parents
Allowance
Child Benefit Pneumoconiosis (Worker’s
Compensation) 1979
Industrial Injuries
Disablement Pension
Guardian’s Allowance 2008 Diffuse Mesothelioma
Scheme
Industrial Death Benefit Social Fund Payments
Reduced Earnings Allowance Christmas Bonus
Retirement Allowance Industrial Injuries (incl. Old
Cases) Constant Attendance
Allowance
Unemployability Supplement Industrial Injuries
Exceptionally Severe
Disablement Allowance
Pneumoconiosis, Byssinosis
and Miscellaneous Diseases
Benefit Scheme
War Pensions Exceptionally
Severe Disablement
Allowance
Workmen’s Compensation
(Supplementation) Scheme
1982
War Pensions Constant
Attendance Allowance
State Pension Credit War Pensions Mobility
Supplement
Employment and Support
Allowance (Contributory)
Bereavement Support
Payment
A B C
Severe Disablement
Allowance
Linked Housing
Benefit/Council Tax Benefit
Working Tax Credit Working Tax Credit
Universal Credit Child Tax Credit
War Pension (War
Disablement Pension)
Personal Independence
Payment
War Widow’s Pension
War Pensioners Mobility
Supplement
War Pension Unemployability
Supplement
War Pension Constant
Attendance Allowance
War Pension Allowance for
Lower Standard of
Occupation
The content of the examples in this document (including use of imagery) is for
illustrative purposes only